Case Background
Leonides Enriquez filed a federal civil rights lawsuit against the City of Long Beach, Officer Hector Lizardo, Officer Leighton Mays, Trevor Costin, and Frank Nogales after Long Beach Police Department officers shot him during a confrontation on August 8, 2021. The case proceeded in the United States District Court for the Central District of California before Judge Otis D. Wright, II.
On the evening of August 8, 2021, at approximately 2120 hours, Enriquez drove eastbound on Long Beach Boulevard in Long Beach, California. Officers pulled up behind his vehicle and activated their emergency lights. Enriquez failed to yield, and after a short pursuit, his vehicle collided with another car. Enriquez, now on foot, walked approximately a block and a half from where his vehicle collided before officers met him at gunpoint.
Enriquez had a handgun visibly tucked in his left sweater pocket. According to the complaint, officers observed the weapon and announced its location to other officers on scene by calling out "417 Left Pocket." The complaint alleged that Enriquez, who was dazed and disoriented from the vehicle crash, complied with commands to place his hands on the hood of the patrol vehicle. Officers then instructed him to separate his feet. Enriquez momentarily removed his hands from the hood to reposition his body. The complaint alleged that Lizardo, who had Enriquez at gunpoint from approximately six feet away, initially commanded Enriquez to place his hands in his pocket before correcting himself and ordering Enriquez to return his hands to the hood. Enriquez complied.
The complaint alleged that after officers commanded Enriquez to get on his knees, he removed his hands from the hood to brace himself while lowering to the ground, and Officers Lizardo and Mays fired seven rounds, striking him. The defense offered a different account of the encounter. In their answer, the Defendants stated that Enriquez made numerous movements throughout the interaction that caused officers to fear for the safety of themselves, fellow officers, and the public, and that after being commanded to get on his knees, Enriquez moved his hands toward his weapon and was shot by one or more officers.
Cause
Enriquez brought claims under 42 U.S.C. § 1983 alleging violations of the Fourth Amendment, including excessive force, unlawful detention and arrest, and delay of medical care. He also asserted municipal liability claims against the City of Long Beach for ratification, failure to train, and unconstitutional custom or practice. Additional state law claims included battery, negligence, and a violation of the Bane Act under California Civil Code § 52.1.
Injury
The shooting left Enriquez with gunshot wounds to his neck, torso, and abdominal areas. He spent over 81 days hospitalized at St. Mary's Hospital and required numerous surgeries. His injuries included a left nephrectomy, acute kidney failure, acute respiratory failure, fracture of the thoracic vertebrae, hemothorax, and lacerations to the kidney, diaphragm, transverse colon, and small bowel. Surgeons resected portions of his bowels, and Enriquez required a permanent colostomy bag. He also suffered depression and post-traumatic stress disorder. He was wheelchair-bound during a significant portion of his rehabilitation and required extensive care to regain mobility, concentration, and memory of daily tasks.
Damages Sought
Enriquez sought compensatory damages for past and future pain and suffering, loss of enjoyment of life, past and future medical expenses, lost wages, and diminished earning capacity. He also sought punitive damages against the individual officer Defendants and attorneys' fees under 42 U.S.C. § 1983.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Leonides Enriquez
· Counsel for Plaintiff: Cameron Sehat | Jeffrey Mikel
· Experts for Plaintiff: Roger Clark
Defendants: City of Long Beach | Officer Hector Lizardo (Badge No. 10860 | Officer Leighton Mays (Badge No. 11381) | Trevor Costin | Frank Nogales
· Counsel for Defendants: Nicholas J. Masero | Howard Darryl Russell | Matthew Millette Peters | Dawn Mcintosh
Claims
Enriquez's central claim alleged that Officers Lizardo and Mays used excessive force in violation of the Fourth Amendment when they shot him while he attempted to comply with their command to get on his knees. He asserted that he never reached for or attempted to reach for the handgun in his pocket and posed no immediate threat of death or serious bodily injury at the time of the shooting. The complaint emphasized that the officers gave multiple, confusing, and at times contradictory commands throughout the encounter. His municipal liability claims alleged that the City of Long Beach failed to adequately train its officers in use-of-force tactics, particularly when dealing with surrendered suspects, and that the City maintained unconstitutional customs and policies regarding excessive force, inadequate discipline, and a code of silence among officers.
Defense
The Defendants denied that the force was excessive or unreasonable. They asserted that Enriquez made movements during the encounter that caused officers to fear for the safety of themselves, fellow officers, and the public. According to the defense, after Enriquez was commanded to get on his knees, he moved his hands toward his weapon, and one or more officers fired in response. The defense contended that all actions were lawful, justified, reasonable, and taken in good faith. The individual officers raised qualified immunity, arguing that their conduct did not violate clearly established constitutional rights of which a reasonable person would have known. The City of Long Beach denied municipal liability, asserting that no unconstitutional policy, custom, or practice caused Enriquez's injuries.
Jury Verdict
The jury returned a unanimous verdict on May 22, 2025, finding that Enriquez did not prove that either Officer Leighton Mays or Officer Hector Lizardo used excessive force against him. The jury answered "No" on the excessive force question for both officers and did not reach the damages questions on the verdict form. The verdict form addressed only the excessive force claim against Mays and Lizardo.
Judge Otis D. Wright, II entered final judgment on May 29, 2025, pursuant to the jury verdict and the Court's separate Summary Judgment Order (ECF No. 120). The Court entered judgment in favor of Officers Mays and Lizardo on the excessive force claim. The Court entered judgment in favor of the City of Long Beach on the municipal liability claims for failure to train and unconstitutional custom or practice. The Court dismissed Enriquez's remaining § 1983 claims for unlawful detention and arrest, delay of medical care, and municipal liability based on ratification with prejudice. Enriquez received nothing by way of the complaint, and the clerk closed the case.
Court documents are available upon request at [email protected]
